Updated: 30 April 2019

IMPORTANT NOTE: THESE TERMS CONTAIN A LIMITATION OF LIABILITY (SECTIONS 17-18), ARBITRATION CLAUSE (SECTION 19), AND CLASS ACTION WAIVER (SECTION 20) WHICH MAY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ CAREFULLY.

VidCon International LLC and its subsidiaries and affiliates (“VidCon,” “us,” “we”) own and operate the websites http://www.vidconaustralia.com and http://www.con-tix.com [and related mobile applications] (the “Site”), including without limitation all information, documents, text, audio, visual, and graphics (excluding Third Party Content, as defined below) on the Site (collectively, the “Site Materials”) as well as all software, products, and services offered and/or operated by VidCon and/or third parties through the Site (collectively, the “Products and Services”), which are available for your use subject to the terms and conditions set forth in this document, as may be revised from time to time by VidCon (collectively, the “Terms of Use”).

  1. 1) Acceptance of Terms

These terms are a binding legal agreement between VidCon and you.  By making a purchase or accessing or using the Site in any way, you expressly acknowledge that you have read and agree to be bound by these Terms of Use, VidCon’s Privacy Policy and any additional guidelines, policies or terms and conditions that are referenced below or otherwise may apply to specific areas of, or offerings on or through, the Site.  If you do not agree to such terms, do not use the Site.

  1. 2) Changes to These Terms and Other VidCon Guidelines or Policies

By providing reasonable prior notice to you, we may amend the Terms of Use and other VidCon guidelines and policies (including without limitation the Privacy Policy and the Registration Terms & Conditions at any time. We may provide such notice by posting the relevant revised terms, guidelines, or policies (each, a “Revised Version”) on the Site. If the revised Terms of Use, guidelines, or policies include any material change to your existing rights and obligations or the material terms of the Site, we will notify you as required by law. The Revised Version will be effective as of the time it is posted, but will not apply retrospectively. You can stop using the Site at any time without penalty. Your continued use of the Site after notice of a Revised Version becomes effective shall constitute your acceptance of such Revised Version. Any dispute between you and VidCon that arose before the changes will be governed by the Terms of Use in place when the dispute arose.

  1. 3) Eligibility

This Site is intended for lawful use by persons over thirteen (13) years of age.  If you are under the age of thirteen (13) please discontinue using this Site immediately.

To use the Site, you must be of legal age to form a binding contract, or have obtained your parent or guardian’s permission to use the Site and gotten your parent or guardian to agree to these Terms on your behalf.

  1. 4) Account Registration

You may be required, or have the option, to sign up for an account with VidCon.  You must provide accurate and complete information in response to our questions, and you must keep that information current. You are fully responsible for all activity that occurs under your account, including for any actions taken by persons to whom you have granted access to your account. You are responsible for maintaining the confidentiality of your account credentials, including account names and/or passwords, where and when applicable to the Site.  You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.

  1. 5) Communications

You consent to accept and receive communications from us, including email, text messages, calls, and push notifications if you provide VidCon with an email or cellular telephone number. Such communications may include, without limitation, requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support and marketing or promotional communications. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.

You may opt out of receiving promotional email communications we send to you by following the unsubscribe options in such promotional emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You do not have to continue to consent to receive promotional texts or calls in order to use the Site.

You may opt out of text messages from VidCon at any time by texting STOP in response to any such text message. You acknowledge that opting out of receiving communications may impact your use of the Site.

  1. 6) Privacy

Our Privacy Policy provides information regarding how we collect, use, and disclose your personal information.  By using the Site or making a purchase on the Site, you consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy, which can be found here and which forms part of these Terms of Use.

  1. 7) Purchase of Products and/or Services.

When purchasing or using Products and/or Services on this Site that are offered by VidCon, you shall be subject to any agreements or licenses applicable to such Products and/or Services (“Specific Agreement”) and to the Terms of Use.  Specific Agreements may contain terms and conditions in addition to those in the Terms of Use but all terms and conditions of the Specific Agreements and the Terms of Use shall apply. In the event of a conflict between the Terms of Use and any Specific Agreement, the Specific Agreement shall control with respect to your rights to the Product or Service.

  1. 8) Modification & Termination

If you breach any of the Terms of Use, we may terminate your authorization to use this Site and any authorized use of Site Materials.  We will notify you reasonably promptly of such a termination. Where reasonably practicable and not detrimental to our legitimate business interests, we will notify you in advance and provide you a reasonable opportunity to remediate; if you do not remediate, we may terminate these Terms of Use upon notice to you.

We may also terminate your authorization to use this Site and any authorized use of Site Materials for convenience.  If we do so, we will provide you with advance notice as required by law. We may add or remove, suspend, stop, delete, discontinue or impose conditions on the Site or any feature or aspect of the Site. Where doing so will have a material effect on your existing rights and obligations or the material terms of the Site, we will, to the extent required by applicable law, provide you with reasonable advance notice by email.

You can terminate your use of the Site at any time by ceasing further use of the Site.

Upon termination, (a) the license and any other rights granted under these Terms of Use will end; (b) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination of access to the Site, or for deletion of your information or account data, except to the extent arising from fraud, negligence or willful misconduct of VidCon or its officers or directors. Any unpaid amounts you owe to VidCon for purchases on the Site will remain due.

The following sections of these Terms of Use survive and remain in effect in accordance with their terms upon termination: 8 (Modification & Termination); 9 (Intellectual Property; Limited License to Users), 10 (User Content), 11 (Intellectual Property Infringement), 12 (Third Party Service and Links to Other Web Sites), 15 (Indemnity), 16 (DISCLAIMER OF WARRANTIES), 17 (Australian Consumer Law – Limitation of Liability), 18 (LIMITATION OF LIABILITY), 19 (ARBITRATION), 20 (WAIVER OF CLASS OR CONSOLIDATED ACTIONS), 21 (Governing Law), 22 (General).

  1. 9) Intellectual Property; Limited License to Users.

Site, the Site Materials, and the Products and Services. This Site, the Site Materials, and the Products and Services are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Site, Site Materials, and/or Products and Services may violate such laws in addition to the Terms of Use.  Except as expressly provided herein, VidCon and its licensors and suppliers do not grant any express or implied license to the Site, Site Materials, Products or Services. You may use the Site, the Site Materials, and the Products and Services for your own personal, non-commercial use, but you may not use it for commercial purposes. You agree not to copy, republish, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on, the Site, the Site Materials, or its Products and Services, except if expressly authorized herein or allowed under the applicable mandatory law.

Software, Products, and Services.  The software, Products and Services, and accompanying documentation that is made available through this Site, whether made available by downloading or otherwise, is the copyrighted and/or patented work of VidCon and/or its licensors and/or suppliers.  Use of the software, Products and Services, and accompanying documentation is governed by the terms of the agreement or license that accompanies or is included with such software or Products and Services. You will not be able to download or install any software or Product that is accompanied by or includes a license agreement, and you will not be able to use any Service, unless you agree to the terms of the applicable license agreement.  If you do not agree to such terms, you will not be able to use the software, Products or Services. Absent a license agreement that accompanies the software or Products and Services, use of the software or Products and Services will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software and Products and Services available on this Site, and that you will not decompile or reverse engineer any of the Products and Services, unless allowed under the applicable mandatory law.

Use of Site Materials.  Except as indicated to the contrary on the Site, you may view, download, and print the Site Materials available on the Site subject to the following conditions:

  • The Site Materials may be used solely for personal, non-commercial, informational purposes;
  • The Site Materials may not be modified or altered in any way;
  • The Site Materials may not be distributed or sold, rented, leased, or licensed to others;
  • You may not remove any copyright or other proprietary notices contained in the Site Materials;
  • VidCon reserves the right to revoke the authorization to view, download, copy, and/or print the Site Materials available on this Site at any time, and any such use shall be discontinued immediately upon notice from VidCon; and
  • Any rights granted to you by VidCon constitute a license and not a transfer of title.

Important Exceptions.  Various sections of the Site may be subject to a third party’s copyright, trademark, or other intellectual property rights, and are for display and demonstration purposes only (“Third Party Content”).  You may not download, use, copy or print Third Party Content unless there is a notice associated with the Third Party Content work expressly permitting downloading, use, copy and/or printing. The rights specified above (i.e., the right to view, download, and print the Site Materials and Third Party Content available on this Site) are not applicable to the design or layout of this Site.  Elements of this Site are protected by copyright and other laws and may not be copied, reproduced or imitated in whole or in part.

Trademark Information.  The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of VidCon or third parties.  You are not permitted to use the Marks without the prior written consent of the owner of the Mark.

  1. 10) User Content

Information you submit through this Site may be accessed and used by a VidCon service provider, in accordance with our Privacy Policy Statement.  Such services providers include Stripe, which provides VidCon with payment processing services. VidCon does not guarantee the security of any information transmitted to or from the Site.  You understand and agree to assume the security risk for any information you provide using the Site, and should review the terms of use and privacy policy of any third party to which you are providing Financial Information and other personal identifying information, including without limitation Stripe’s Privacy Policy and Terms of Service.

Unless specifically requested otherwise, do not send any confidential or proprietary information through the Site.  Except for financial information submitted to our payment, any information you do send through the Site will be deemed NOT to be confidential (“Non-Confidential Information”).  For any Non-Confidential Information you do send, post or submit, you hereby grant VidCon and its affiliates, successors, and assigns an unrestricted, royalty-free, irrevocable, worldwide license to use, reproduce, display, perform, modify, transmit, distribute, and otherwise exploit the Non-Confidential Information, and agree that VidCon is free to use any ideas, concepts, know-how or techniques that you send VidCon for any purpose and in any manner whatsoever without compensation to you or any other person sending the Non-Confidential Information.  You hereby waive all moral rights you may have in and to Non-Confidential Information to the extent permitted by applicable law. You represent and warrant that you own or otherwise control all of the rights to the Non-Confidential Information and that public posting and use of your content by VidCon or its affiliates, successors or assigns, will not infringe or violate the rights of any third party. If you submit personally identifiable information via the Site, VidCon will treat it in accordance with its Privacy Policy.

You may not post or transmit to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

VidCon has sole discretion, acting reasonably, to remove content without notice if you breach any of the restrictions outlined above, if the applicable subscription or license has expired or lapsed, or if such deletion is necessary to comply with the law or to protect the rights of VidCon or others.  VidCon may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit content, and (ii) the substance of any content. To the maximum extent permitted by law, VidCon will have no liability related to your content arising under the laws of copyright, libel, privacy, obscenity, or otherwise.  VidCon also disclaims all liability with respect to the misuse, loss, modification, destruction, or unavailability of any of your content.

  1. 11) Intellectual Property Infringement

We respect the intellectual property rights of others and ask you to do the same.  VidCon responds to all valid notices of such copyright and trademark infringement, and it is VidCon’s policy to suspend or terminate the access privileges of those who repeatedly infringe the copyrights and trademarks of others. Nothing in this policy is intended to limit or exclude VidCon’s and your rights under applicable laws, including the Copyright Act 1968 and the Trade Marks Act 1995 in Australia.  If you believe that third party material posted on or accessible through the Site constitutes infringement of your copyright or trademark rights, please send a written notice of infringement to australiainfo@vidcon.com.

The written notice must specify the nature of the copyright or trademark infringement and include the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) (i) with respect to copyrights, a description of the material that you claim has been infringed; or (ii) with respect to trademark rights, a description of the material you claim has been infringed, including the basis for your claim of such rights, such as a national or community trademark registration and any applicable registration number, the country or jurisdiction in which you claim such rights and the category of goods and/or services for which you claim such rights; (c) identification of the claimed infringing material, including the location of such material on VidCon’s applications, websites or services; (d) contact information, including the name of the owner of the copyright or trademark and your name, title, address, telephone number and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or trademark owner or authorized to act on behalf of the owner.  By submitting an infringement notice, you acknowledge and agree that VidCon or its designated agent may forward the information you provide in your notice to the person responsible for the allegedly infringing material.

If your material has been removed or disabled as a result of an infringement notice and you believe such material is not infringing, or that you have the authorization or right to post and use that material from the copyright or trademark owner, that owner’s agent, or pursuant to law, you may send a counter-notice to VidCon’s designated agent at the address above. The counter-notice must include: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) your name, address and telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which VidCon may be found and that you will accept service of process from the person who provided notification of infringement or an agent of such person. VidCon or its designated agent will forward your counter-notification to the party who submitted the infringement claim. If the claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled material within ten business days of receiving the counter-notice from VidCon, then VidCon may reinstate the removed or disabled material.

  1. 12) Third Party Materials

In addition to the Products and Services offered by VidCon, this Site also advertises, offers, or makes available information, products and/or services provided by third parties (collectively, the “Third Party Materials”).  Third Party Materials are governed by separate agreements or licenses with the Third Parties. VidCon offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Materials, including without limitation any liability resulting from incompatibility between Third Party products and/or services and the products and/or services provided by VidCon.  You agree that you will not hold VidCon responsible or liable with respect to the Third Party Materials or seek to do so.

  1. 13) User Conduct

By using the Site, including without limitation all Products and Services available through the Site, you agree as follows:

  • to follow any guidelines as laid out in VidCon’s Code of Conduct;
  • to use the Site in a manner that complies with all laws, regulations, and rules that apply to you;
  • not to use the Site, directly or indirectly, for any fraudulent undertaking;
  • to provide accurate and truthful information to VidCon in connection with the Site;
  • not to disrupt or interfere with any other user’s use or enjoyment of the Site or affiliated or linked sites;
  • access or monitor any material or information on any VidCon system using any manual process or robot, spider, scraper, or other automated means, unless you have separately executed a written agreement with VidCon referencing this;
  • except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on the Site, work around, bypass, or circumvent any of the technical limitations of the Site, use any tool to enable features or functionalities that are otherwise disabled in the Site, or decompile, disassemble or otherwise reverse engineer the Site;
  • not to upload or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
  • not to create a false identity;
  • not to use or attempt to use another’s account, password, services, or systems;
  • not to attempt to transmit any content which you are not authorized to transmit and/or infringes on any third party’s rights; and
  • not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Products and Services, Site Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
  • not to post any content that libels, defames, invades privacy, or is indecent, obscene, pornographic, abusive, threatening, illegal, solicits gambling, or engages in any gambling activity

If we reasonably suspect that you have used for the Site for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your account, and any of your transactions with law enforcement authorities.

  1. 14) International Users

This Site can be accessed from countries around the world and may contain references to VidCon Products and Services that are not available in your country.  These references do not imply that VidCon intends to announce or provide such Products or Services in your country. The Site is controlled, operated, and administered by VidCon from its offices within the United States.  VidCon makes no representation that the Site, or the Site Materials, Products, and Services appearing on or available through the Site, are appropriate, legal, or available for use at other locations outside Australia, and access to the Site from territories where the Site or any of the Site Materials, Products, and/or Services are illegal is prohibited.  If you access the Site from a location outside Australia, you are responsible for compliance with all applicable laws, including without limitation applicable export control laws. You may not use the Site if you are a resident of a country embargoed or sanctioned by Australia or the United States, or are a foreign person or entity blocked or denied by the Australian or United States government. Unless otherwise explicitly stated, all materials found on the Site and VidCon’s Australian websites are solely directed to individuals, companies or other entities located in Australia.

  1. 15) Indemnity

You agree to indemnify, defend and hold harmless VidCon, and its subsidiaries, affiliates, officers, directors, shareholders, attorneys, employees, licensors, contractors, advisors, suppliers, agents and other representatives from any claim or demand, including without limitation reasonable attorneys’ fees and damages of any kind, made by any third party due to or arising out of content you submit to VidCon and/or transmit through the Site (including without limitation any content or computer viruses), your use of the Site, Site Materials, and/or any Products and Services, your connection to the Site, your violation of these Terms of Use, the actions of any of your employees or agents in conjunction with the Site, or your violation of any rights of another person or entity or any and all laws and regulations applicable to these Terms of Use, and/or your use of VidCon’s Products and/or Services; except, in each case, to the extent arising from fraud, negligence or willful misconduct of VidCon or its directors or officers.  We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

  1. 16) DISCLAIMER OF WARRANTIES

Nothing in these Terms of Use is intended to exclude, restrict or modify the rights that you may have under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the “Australian Consumer Law”). VidCon’s liability for breach of a Consumer Guarantee is governed by Section 17.

“Consumer Guarantee” means a guarantee provided to a Consumer applicable to goods or services supplied or to be supplied under these Terms by operation of the Australian Consumer Law, including any Express Warranty.

TO THE EXTENT PERMITTED BY THE AUSTRALIAN CONSUMER LAW, THE SITE AND ALL SITE MATERIALS, PRODUCTS, AND SERVICES ACCESSIBLE THROUGH THE SITE ARE PROVIDED “AS IS” AND VIDCON HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

VIDCON DOES NOT GUARANTEE THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTIONS AND TRANSMISSIONS WILL BE ERROR-FREE. IN ADDITION, VIDCON MAY TAKE SOME OR ALL OF THE SITE DOWN FOR PLANNED REPAIR OR MAINTENANCE FROM TIME TO TIME. VIDCON WILL USE COMMERCIALLY REASONABLE EFFORTS TO NOTIFY YOU PRIOR TO SUCH PLANNED REPAIRS OR MAINTENANCE.

INFORMATION ON THIS WEBSITE MAY CONTAIN TYPOGRAPHICAL ERRORS, TECHNICAL INACCURACIES OR OTHER ERRORS AND MAY NOT BE ACCURATE, COMPLETE OR CURRENT.

VIDCON DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THOSE PROVIDED BY THIRD PARTY VENDORS OR THOSE ACCESSIBLE THROUGH LINKS ON THE SITE; VIDCON MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR THIRD PARTY CONTENT, PRODUCTS, OR SERVICES; ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND VIDCON SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES.

THE USE, INSTALLATION, AND/OR DOWNLOADING OF ANY SITE MATERIALS, PRODUCTS, AND SERVICES THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE AND/OR COMMUNICATION SYSTEM OR SERVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.  VIDCON ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS INSTALLED, TRANSMITTED, OR DOWNLOADED TO YOUR COMPUTER, DEVICE AND/OR COMMUNICATION SYSTEM OR SERVICE FROM THE SITE OR IN CONNECTION WITH ANY SITE MATERIALS, PRODUCTS, AND SERVICES APPEARING ON AND/OR OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIDCON AND/OR THROUGH AND/OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

  1. 17) Australian Consumer Law – Limitation of Liability

Where you are a Consumer, VidCon’s liability for breach of a Consumer Guarantee is limited to (at our election):

  • In the case of a supply of goods: (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of replacing the goods or acquiring equivalent goods; or (iv) paying the cost of having the goods repaired; and
  • In the case of a supply of services: (i) resupplying the services or (ii) paying the cost of having the services supplied again.
  1. 18) LIMITATION OF LIABILITY

If the Consumer Guarantees apply, VidCon’s liability is limited in accordance with Section 17.

In all other respects, and to the maximum extent permitted by law:

IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL VIDCON AND/OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, EMPLOYEES, LICENSORS, PARTNERS, CONTRACTORS, ADVISORS, SUPPLIERS AGENTS AND/OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURIES AS A RESULT OF YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGE WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT VIDCON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR WHETHER SUCH DAMAGE IS FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.  YOU AGREE THAT VIDCON’S LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO VIDCON FOR THE USE OF THE SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND ACCORDINGLY THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

  1. 19) ARBITRATION

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH VIDCON AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms of Use or any prior version of these Terms of Use.

Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. In the event of a dispute, VidCon or you must provide the other notice of the dispute.  This notice must provide a brief, written description of the dispute, the relief requested and the contact information of the party giving it. You must send any such notice to VidCon by email to legalnotices@viacom.com and gc@viacom.com and by mail to VidCon, 1515 Broadway, New York, NY 10036 USA Attention EVP and General Counsel. To the extent that VidCon has your contact information, it will send any such notice to you by mail and your email address.

The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with one another, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Notwithstanding the foregoing, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site shall not be subject to arbitration, and the notice and good faith negotiation required by this paragraph shall not apply to these types of disputes.

Binding Arbitration.  Except as provided herein, if we cannot resolve a dispute informally, any dispute will be resolved only by binding arbitration to be held in the state in which you reside.  For residents outside Australia, arbitration shall be initiated in New York, New York USA.

Arbitration Rules and Forum. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the EVP and General Counsel, VidCon, 1515 Broadway, New York, NY 10036 USA. The arbitration will be conducted by a single arbitrator.  The arbitration shall be governed by the Resolution Institute Arbitration Rules, as varied by this Section 19. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state or territory’s law.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, VidCon will pay the additional cost. VidCon shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless VidCon is specifically required to pay such fees under applicable law.

If VidCon’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted through a telephonic hearing, or by an in-person hearing under the Resolution Institute Arbitration Rules, solely based on documents submitted to the arbitrator.

Consumer claimants (individuals whose use of the Site is intended for personal, family or household use) may elect to pursue their claims in their local small-claims tribunal rather than through arbitration.

Authority of Arbitrator. The arbitrator, and not any court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and VidCon. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Use (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial. YOU AND VIDCON HEREBY WAIVE ANY LEGAL RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and VidCon are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Use as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: EVP and general Counsel, VidCon, 1515 Broadway, New York, NY 10036 USA, or by email to legalnotices@viacom.com and gc@viacom.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your account (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.

Parents, Subsidiaries, Affiliates.  This Arbitration Section will also apply to any disputes involving any present or future parent, subsidiary, or affiliated company of VidCon, or any employee, officer, director, or investor of VidCon, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to this Agreement (such as with respect to their validity or enforceability), the Site, any person’s access to and/or use of the Site, and/or the provision of content, products, services, and/or technology on or through the Site.

Changes to This Section. VidCon will provide thirty (30) days’ notice of any changes to this section by posting on the Site, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Site or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Binding Individual Arbitration,” and the court or arbitrator shall apply the first Binding Individual Arbitration section in existence after you began using the Site.

Severability. Subject to Section 20, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

Survival of Agreement. This Arbitration Agreement will survive the termination or expiration of the Terms of Use or your relationship with VidCon.

  1. 20) WAIVER OF CLASS OR CONSOLIDATED ACTIONS

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

VidCon and you agree to resolve any dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. VidCon and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party.

The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other VidCon customers, and cannot be used to decide other disputes with other customers.

If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Los Angeles, California.

If any clause within this Class Action Waiver Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.

This Class Action Waiver Section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of VidCon, or any employee, officer, director, or investor of VidCon, and to any claims asserted by any of them against you, to the extent that any such claims is a dispute.

This Class Action Waiver section shall survive any termination of your account or the Site.

  1. 21) Governing Law and Venue

These Terms of Use and any dispute will be construed in accordance with, and governed by, the laws of Victoria.  Except for small claims actions in Consumer cases, any dispute that is not subject to arbitration shall be decided exclusively by court of competent jurisdiction in Sydney, New South Wales, and you hereby consent to, and waive all defenses of lack of jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts of Sydney, New South Wales.

  1. 22) General

Electronic Communications.  We may provide disclosures and notices required by law and other information to you electronically, by posting it on our website, or emailing it to the email address you provided to us. If the disclosure, notice or information includes any material change to your existing rights and obligations or the Terms of Use, we will alert you by email. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact us at australiainfo@vidcon.com.

Entire Agreement.  The Terms of Use, Privacy Policy, Registration Terms and Conditions and the other guidelines, policies, licenses, disclaimers posted on the Site, and any other negotiated agreements between you and VidCon constitute the entire agreement between VidCon and you.

Third Party Beneficiaries.  You and VidCon agree there are no third party beneficiaries intended under these Terms of Use.

Severability.  Subject to Sections 19 and 20, if for any reason a court of competent jurisdiction finds any provision of the Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

Waiver.  Any failure by VidCon to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.

Section Titles.  The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

Assignment.  These Terms of Use, and any rights and licenses granted to you by these Terms of Use, may not be transferred or assigned by you, and any such attempted transfer or assignment by you will be null and void.

  1. 23) Contact Us

If you have any questions, complaints or claims with respect to the Site, please contact us at australiainfo@vidcon.com.